LEGAL GUIDE 



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SCHOOL OITICHRS AND 
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LEGAL GUIDE 



Containing- a Classified Interpretation of the School 

Laws of South Dakota, including those of 1905, 

for 

School Officers and School Teachers, 

by 



O. WILLIAM COURSEY. 

V 

Author of 

"History and Geography of the Philippine Islands '. 

Superintendent of Davison County, S.Dakota, 1900—1904. 



Publishers 
W. M, WELCH COMPANY, CHICAGO 



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I AUG 19 iyo5 I 





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Entered according to Act of Congress, 
in the year 1905, by 

0. WILLIAM COURSEY, 

In the office of the Librarian of Congress, 
at Washington. 



INTRODUCTION 

The objects of this booklet are to sim- 
plify the intricate School Law of South 
Dakota; to lighten the work of County Su- 
perintendents by placing in the hands of 
School Officers and School Teachers a sys- 
tematic interpretation of its numerous tech- 
nicalities; to assist School Officers in the 
prompt and legal discharge of their duties; 
to keep School Teachers within the bounds 
of the law and make their relations to 
County Superintendents, School Officers, 
patrons and Children more harmonious, 
and to bring about in the easiest and cheap- 
est possible way a system of uniform school 
administration. 




TABLE OF CONTENTS. 



CHAPTER I. 




District School Officers. 


Page 


Qualifications 


10 


Election .... 


10 


1 Time . . . . 


10 


2 Rotalion 


10 


Oaths of Office 


11 


1 Form 


11 


2 When taken 


11 


3 By whom administered 


11 


4 Where filed 


11 


Terms of Office 


11 


CHAPTER II. 




District School Boards. 


12 


Members 


12 


Chairman .... 


12 


1 Qualifications 


12 


2 Duties 


12 


3 Salary- 


12 


Clerk .... 


13 


1 Qualifications 


13 


2 Duties 


13 


3 Salary - . . . 


14 


Treasurer .... 


14 


1 Qualifications 


14 


2 Duty 


15 


3 Salary . . . . 


17 


Punishment of Clerk and Treasurer 


16 


Meetings of Board 


17 







Page 


Powers and Duties of Board 


17 


1 Over School Sites 


17 


2 Over School Property 


18 


3 Over School Teachers 


18 


4 Over Schools in Session 


19 


5 Powers in general 


19 


(a) 


Organization 


19 


(b) 


Transportation . 


20 


(c) 


Outside Pupils 


20 


(d) 


Assignment of Pupils 


20 


(e) 


Consolidation 


21 


(f) 


Discontinuation 


21 


(g) 


Contagious Disease 


21 


(h) 


School tax 


22 


(i) 


Judgment tax 


23 


(J) 


Bond tax 


24 


(k) 


Free Text-books 


24 


(1) 


Book Case 


24 


(m^ 


Contracts 


24 


(n) 


Allowance of Bills 


25 


(o) 


Prosecution 


25 


Parliamentary . . . . 


25 


1 Number of regular meetings 


25 


2 Special meetings 


26 


3 Quorum , 


26 


4 Absence of Chairman 


26 


5 Absence of Clerk 


26 


6 Seconding Motions 


26 


7 Order of Business 


. 26 


(a) 


Roll call 


26 


(b> 


Reading and adoption of Minute 


s 26 


(c) 


Unfinished Business 


. 26 


(d) 


New Business 


26 


(e) 


Adjournment 


. 26 


Punishment of School Boards 


21 


Punishm 


ent of the Public by School Office 


;rs 28 





CHAPTER III. 




School 


Bonds 


Page 


IsBuanco of Bonds 


29 


1 


Amount 


29 


2 


Limitation 


. 29 


3 


Petition 


30 


4 


Special meeting of Board 


. 30 


5 


Notices of Election 


30 


6 


Election 


31 


7 


Records filed 


31 


8 


Sale 


. 31 


9 


Denomination 


31 


10 


Interest 


31 


12 


Form 


32 


13 


Certification 


32 


14 


Signatures 


. 32 


15 


Numbered 


. 32 


16 


Registry 


32 


17 


Tax levy 


32 


18 


Payment 


32 


19 


Record of payment 


32 


20 


Filing of Cancelled Bonds 


. 33 


21 


Destruction 

CHAPTER IV. 


. 33 


SuB-E 


)iviDiNG Districts. 


33 


Complete process 


33 


1 


Time 


33 


2 


Plat 


. 33 


3 


Petition 


33 


4 


Special Meeting 


34 


5 


Notices of Election 


. 34 


6 


Place of Election 


36 


7 


Election 


35 


8 


Majority Vote 


35 


9 


Election Returns 

6 


35 



Page 

10 Action of Commissioners and Sup't 35 

1 1 Appointment of Officers . . 36 

12 Duties of new Officers . . 36 

(a) Clerk . . . .36 

(b) Chairman ... 37 

(c) Treasurer ... 37 

13 Duties of Old Officers . . 37 
I a) Special Meeting . . 37 

(b) Clerk .... 38 

(c) Treasurer ... . 38 

14 Apportionment of Cash and School Prop'ty 38 

15 Apportionment of Indebtedness . 39 

16 Records .... 40 

17 Turning over the Cash . . 40 

CHAPTER V. 
Township High Schools. 41 



CHAPTER VI. 




:hool Teachers. 


41 


Qualifications 


41 


1 Life Diplomas 


41 


(a) Character 


41 


(b) Age 


42 


(c) Fee . . . 


42 


(d) Education 


42 


(e) Provisional Certificate 


. 42 


(f) Examination 


42 


(g) Papers 


. 43 


(h) Experience 


43 


(i) Validity 


43 


(j) Reciprocity 


43 


2 State Certificates 


44 


(a) Character 


44 


(b) Age . . . 


44 


(c) Fee ... 


44 





Page 


(d) Education 


44 


(e) Provisional Certificate 


44 


(f) Examination 


45 


(g) Papers 


45 


(h) Experience 


45 


(i) Validity 


45 


(j) Reciprocity 


45 


3 First Grade Certificates 


46 


(a) Character 


46 


(b) Age . . . 


46 


(c) Fee ... . 


46 


(d) Examination 


46 


(e) Papers 


. 46 


(f) Standing 


46 


(g) Experience 


47 


(h) Validity 


47 


4 Second Grade Certificates 


. 47 


(a) Character 


47 


(b) Age . . . 


47 


(c) Fee ... . 


47 


(d) Examination 


. 47 


(e) Papers 


. 48 


(f) Standings 


48 


(g) Experience . . . 


48 


(h) Validity 


48 


5 Third Grade Certificates 


48 


(a) Character 


48 


(b) Age . . . 


48 


(c) Fee ... . 


48 


(d) Examination 


48 


(e) Papers 


. 48 


(f) Standings 


48 


(g) Experience 


48 


(h) Validity 


48 


6 Certifcates on Private Examination 


49 


(a) Justification 


49 


8 





Page 

(b) Grades of same . . 49 

(c) Papers ... 49 

(d) Validity ... 49 
7 Constant Qualifications . 49 

Duties . . . .'49 

Salaries . . . .50 



CHAPTER I. 
District School Officers. 

Qualifications. — (i) No educational or 
property qualifications are required. (2) 
School Officers must be qualified electors 
(voters) — age 21 years; residence in 
South Dakota 6 months, in the county 30 
days, in the school district 10 days. N. 
B. — People who have filed and settled on 
homesteads can vote at once. (3) Any 
woman possessing the above qualifica- 
tions is eligible to any school office in 
this state. 

Election.— (i) Time: All district 
school officers, except for township high 
schools and members of boards of edu- 
cation in incorporated towns, are elected 
on the third Tuesday in June. (2) Rota- 
tion : By a special legislative act all 
school officers in the state were legislated 
out of office in 1903, and provision was 
made for a general election of them in 
June of that year. The chairmen were 
elected for one, the clerks for two, and 
the treasurers for three years, respective- 



ly. Under this plan all chairmen had to 
be elected in 1904, the clerks are to be 
elected in 1905, and the treasurers in 1906. 
Chairmen will be elected again in 1907, 
clerks in 1908, treasurers in 1909, and so 
on in rotation. (Opinion of Attorney 
General, May 16, 1903.) 

Oaths of Office. — (i) Form: Oaths of 
Office must conform to the Law and the 
Book of Forms. (2) When Taken : They 
must be taken within 30 days after elec- 
tion. (3) By Whom Administered: 
County Superintendents, school clerks, 
justices of the peace, township clerks, no- 
taries public, or any other officers of the 
law possessed of seals, are empowered to 
administer these oaths. (4) Where 
Filed: All Oaths of Office, except those 
included in bonds, must be filed with the 
County Superintendent. 

Terms of Office. — (i) The terms of all 
district school officers, except for town- 
ship high schools, are three years. (2) 
Officers who are appointed hold office till 
the next regular school election, at which 
time the electors of the district shall elect 
an officer who shall fill out the unexpired 
portion of the official term, so as to keep 
the rotation of all chairmen, clerks and 
treasurers uniform. 



CHAPTER 11. 
District School Board. 

Members. — The members of a district 
school board are chairman, clerk and 
treasurer. 

Chairman. — '■ ( i ) Quahfications : Gives 
no bond; simply files his oath of office 
with the county superintendent as re- 
quired by law. (2) Duties: Presides 
over all meetings of the board ; counter- 
signs, all warrants drawn upon the funds 
of the district (and in case he refuses, 
he can be compelled to by securing a writ 
of mandamus) ; acts as judge of school 
elections ; attends the annual meeting of 
all district school officers convened by or- 
der of the county superintendent; and is 
held responsible for the enforcement of 
the compulsory educational law. (3) 
Salary: He receives $1.50 for each reg- 
ular meeting of the board attended by 
him, and $1.50 for attending the annual 
school officers' meeting, but is not en- 
titled to any pay for presiding over spec- 
ial meetings of the board or for acting 
as judge of election. (Opinion of Attor- 
ney General, July 22, 1903). It will thus 
be seen that the maximum amount which 
a chairman can legally receive as salary 
during any one school year is $4.50, from 
all sources, $6.00. 

12 



I 



Clerk. — (i) Qualifications: (a) The 
clerk must give a bond, signed by two 
sureties and properly attested, in the sum 
of $ioo. It must be approved by the 
chairman and treasurer, or if they neglect 
or refuse to approve it, it may be done 
by the county superintendent, and be 
filed with the county auditor. (See sec- 
tions 2335, 2339, 2368). (b) In addition 
to the oath contained in the bond, he 
must subscribe to a separate oath which 
must be filed with the county superin- 
tendent. (See sections 2307, 2335, 2368, 
2379, Special Act 1905). (c) Whenever a 
school clerk is re-elected he must give a 
new bond and oath. (2) Duties: Keeps 
a record of all meetings of the 
board; acts as clerk of school elec- 
tions; issues warrants for all 1)ills 
allowed by the board ; takes the 
school census (See sections 2318, 2334), 
posts all notices concerning either regular 
or special meetings or elections ; attends 
the annual meeting of school officers con- 
vened by order of the county superin- 
tendent; in case a vacancy occurs on the 
board by reason of resignation, removal 
from the district, death, or other incapac- 
ity, he reports it to the county superin- 
tendent; ''shall act as librarian of his dis- 
trict," and shall lend the school library 
13 



books ''to the teachers, pupils and other 
residents of the district * * * ^^i^^ 
shall include in his annual report such 
library statistics as the state superinten- 
dent may require ;" on or before the 20th 
day of July notifies "the county auditor 
of the amount of tax voted at the last 
annual meeting, or levied by the district 
board" (See sections 2341, par. 5, 2314) ; 
keeps a record of the receipts and expen- 
ditures of the district; and makes an an- 
nual report to the county superintendent 
on or before the first day of August each 
year (See sections 2318, 2320, 2340, par. 
4; 2343, 2349, 2367, 2382). (3) Salary: 
He receives as salary $5.00 for each school 
in the district which was in session "at 
least three months the preceding school 
year,'' but is limited to $25.00 per annum. 
He also receives $1.50 for attending the 
annual school officers' meeting convened 
by order of the county superintendent, 
making the maximum amount which he 
can receive within a year in districts 
having five or more schools, $26.50; in 
districts having but one school, $6.50. 

Treasurer. — (i) Qualifications: (a) 
The treasurer must give a 1)ond signed 1)y 
two sureties, and properly attested, for 
the faithfal performance of his duties. 
The amount of it is fixed by the chairman 
14 



and clerk. It must be "not less than . 
double the sum, as nearly as can be ascer- 
tained, to come into his hands in any one 
year." It must be approved by the chair- 
man and clerk, or if they refuse or neglect 
it, by the county superintendent, and be 
filed with the county auditor (See sec- 
tions 2335, 2339, 2368). (1)) In addition 
to the oath contained in the bond he must 
subscribe to a separate oath to be filed 
with the county superintendent (See sec- 
tions 2307, 2339, 2368, 2379). (c) In 
case of re-election he must give a new 
bond and oath. (2) Duties : Keeps a rec- 
ord of all moneys received and expended ; 
pays out money only upon warrants 
issued by the clerk, properly authorized 
by the board; registers all warrants 
drawn upon the treasury for which there 
is no money on hand to pay; draws the 
school apportionment money due his dis- 
trict at least twice each year, and the 
money accumulating from the district 
school tax ''at least once every three 
months in each year;" makes an annual 
report to the board and the county super- 
intendent, on or before the first day of 
August each year, of the receipts and ex- 
penditures for tlie previous school year 
(See sections 2319, 2320, 2340, j^ar. 4; 
2343, 2349, 2367, 2382) ; and attends the 
15 



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annual meetings of the district school of- 
ficers convened by order of the county 
superintendent. (3) Salary : He receives 
the same pay as the clerk, — $5.00 for each 
school in the district which was in session 
at least three months the previous year, 
being limited to $25.00 per annum, and 
$1.50 for attending the annual district 
school officers' meeting convened by the 
county superintendent. 

Meetings of Board. — Second Tuesday 
in July, last Tuesday in November and 
March. By serving a written notice up- 
on the two other members, the clerk may 
call a special meeting at any time. 

Powers and Duties of Board. — (i) Over 
School Sites : The board may purchase 
or lease any school site not exceeding two 
acres selected, by the voters of the dis- 
trict at any regular, or regularly called 
special meeting ; may take the land so se- 
lected against the wall of the owner, by 
appealing to the county superintendent 
to have it condemned; may select a site 
''on common school or endowment lands" 
and secure title to the same by having it 
appraised hy the Board of School 
and Pul)lic Lands "' ''' ''' ''' * con- 
ditioned that should the same cease to be 
used for two successive years for the pur- 
l)ose of maintaining a i)ul)lic school tlierc- 
17 



on, that the title shall revert to the owner 
of the legal sub-division of which said 
site forms a part/' (2) Over School 
Property: The board shall have ''the 
care, custody and control of all property 
^^ ^ ^ ^ ^ shall make all necessary 
repairs to the school houses, outbuildings 
and appurtenances '" '^ "^^ '^ * direct 
the removal of a school house to a more 
convenient location, upon a vote of a ma- 
jority of the electors of the entire district 
(a two-thirds majority vote is required 
in a district having but one school) "^ "^ 
^' * "^ shall build, hire or purchase 
such school house ^ ^ h< >k ^ (^q^-^ 
make sale of any school house or prop- 
erty of the district, when lawfully direct- 
ed by the voters of such district. By a 
Special Act, approved Jan. 31, 1905, the 
board must plant trees around all school 
premises. (3) Over School Teachers : 
The board shall employ teachers ''only 
upon the exhibition of a teacher's certifi- 
cate, valid in the county where employed, 
and then only upon a written contract 
signed by the teacher and at least (any) 
two members of the district school 
board.'' After making a contract with a 
teacher, the board cannot break it except 
for one or all of the three following rea- 
sons, any one of which would have to 
18 




be proven in court provided a teacher re- 
fused to abide by the opinion of the 
board: (a) ''plain violation of contract", 
(b) ''gross immorality," (c) "flagrant ne- 
glect of duty." (4) Over Schools in Ses- 
sion : "The district board shall have 
general charge, direction and manage- 
ment of the school or schools of the dis- 
trict '^ '•' ''' "^ "^^ assist and co-ope- 
rate with the teacher in the government 
and discipline of the schools, and may 
make proper rules and regulations there- 
for." The board has authority to suspend 
pupils who are "habitually disobedient," 
or those who defy the teacher's authority 
over them, for not less "than ten days 
nor beyond the end of the current term 
of school ;" must "furnish, equip and sup- 
ply all the schools in the district accord- 
ing to the several necessities of said 
schools ''' '•' "^^ '•' ''' provide for each 
school in the district one Webster's Dic- 
tionary '■' '•' '•' ''' ''' and may also 
provide '•' ''' '•' other high grade libra- 
ry books and books of reference ^^ * * 
provided said expense shall not exceed ten 
dollars for au}^ school in any one year," 
and "shall provide suita])lc cases for the 
books in each school." (5) Powers in 
General: (a) Organization — "They shall 
organize, maintain, and conveniently lo- 
19 



cate schools for the education of all chil- 
dren of school age within the district." 
Whenever petitioned by the parents or 
guardians of seven children of legal 
school age (6 to 20 years inclusive), all 
of whom reside within three miles of a 
school house or a house or room pro- 
posed to be used as such, ''the board shall 
organize a school and employ a teacher 
therefor/' (b) Transportation — The board 
must arrange tp educate all children of 
school age within the district ; and where 
(pupils reside at an unreasonable distance 
the county superintendent, under the law, 
being made the judge of each case as to 
''what shall constitute an unreasonable 
distance") from the place where school is 
held, they "shall make reasonable finan- 
cial provision for the transportation of 
such pupils" or send them "to some other 
school in the district" or provide "for 
their tuition in some other district, and 
for their transportation thereto ^ ^ * 
and shall establish routes of travel." (c) 
Outside Pupils — They shall "admit to the 
schools of the district, pupils from other 
districts when it can be done without in- 
juring or overcrowding such schools, and 
make regulations for thei^* admission and 
the payment of their tuition therein." (d) 
Assignment of Pupils — When a school 
20 



•I 



district contains more than one school, 
the board shall ''at the annual July meet- 
ing, each year, make the assignment and 
distribution of pupils to and among the 
schools in the district," taking '"into con- 
sideration the wishes of the patrons and 
the best interests of the pupils and dis- 
trict." (e) Consolidation — Whenever the 
board deems it advisable they may com- 
bine "two or more schools into one" and 
arrange "for the transportation of the 
pupils." (f) Discontinuatio*! — When a 
school has been discontinued by the board 
for the purpose of combining two or 
more, the patrons of the district in which 
the school was closed "may appeal to the 
county superintendent" to overrule the 
action of the board, by filing with him a 
petition "signed hy at least one-third of 
the ])atrons l^elonging to said school. The 
sui)erinten(lent shall then send out notices 
to the patrons and tlic l)oard and "order 
a hearing" on said petition. After hear- 
ing both sides of the case, he shall then 
decide for or against the ])etiti(^n, "wliich 
decision shall be heeded 1)y the district 
scliool l)oar(l." (g) Contagious Disease — 
11ie board has no legal authority to 
close a scIiool on account of contagious 
disease. This authority is vested in the 
county superinteudent by section 2301, 



and in the board of health by general sta- 
tute. On this point the law is defective. 
This deficiency has given rise to a prac- 
tice which has now become quite general 
and which is certainly justified by the 
moral law : When a board discovers con- 
tagion in their school they proceed to 
close it temporarily, and send immediate 
notice to the county superintendent. This 
illegal but righteous practice should be 
resorted to only in cases of extreme nec- 
essity, (h) School Tax — The board 
''shall have power to levy upon the prop- 
erty of the district a tax for school pur- 
poses of not exceeding twenty-five mills 
(two and one-half cents) on the dollar in 
a year.'' (It was raised to this amount 
from two cents, by a Special Legislative 
Act March 12, 1903). This levy shall be 
made ''at the annual school meeting in 
July of each year.'' Section 2343 pro- 
vides that "the electors may meet with 
the board" on the second Tuesday in 
July and designate "the amount of tax 
levy." A Special Legislative Act, ap- 
proved March 12, 1903, provides that "In 
every district having but one school" the 
patrons "shall at any regularly called 
meeting, have authority to instruct the 
district school board concerning the levy 
of school taxes." This same act pro- 



vides that in any district co-extensive 
with a congressional township, ''The 
school board * * * shall have pow- 
er to levy ^ ^ -^ ^ tax for school 
purposes of all kinds ;" brt it extends the 
time limit in which this must be done ''to 
the fifteenth day of August/' Regardless 
of this extension of time it still leaves it 
advisory to attend to the matter of tax 
levy at the regular July meeting. (i) 
Judgment Tax — The law expressly pro- 
vides "every school district * * * 
shall be and hereby is constituted a dis- 
trict corporation '^ "^ ^ and under its 
own proper name "^^ ''' * may sue and 
be sued.'' It provides further : "When- 
ever any final judgment shall be obtained 
against any school corporation, the 
board thereof shall levy a tax upon the 
taxable property in the corporation for 
the payment thereof. '*' ^' ''' If the 
school board refuse or fail to levy such 
tax" the law will not permit the holder 
of the judgment to execute the same but 
permits the matter to pass into the hands 
of the board of county commissioners 
who shall cause such tax to be levied 
upon the property of the district." If 
the judgment is so large that the county 
commissioners cannot levy enough to 
meet it in one y-" without going be- 
^3 



yond the 25 mill levy fixed by Special 
Act heretofore referred to, ''such levy 
may be repeated until the judgment is 
paid/' (j) Bond Tax — The board is 
authorized to levy a sufficient tax to pay 
the interest on outstanding bonds, and 
to pay them off as they become due. In 
case they neglect or refuse to do this, the 
law empowers the count}^ auditor to levy 
the tax. (k) Free Text Books — When- 
ever petitioned to do so by a majority 
of the patrons, the board must arrange to 
supply all the pupils in the district with 
free text books. The establishment of 
rules and regulations for the preservation 
of free books is left to the board. (1) 
Book Case — When free books have been 
furnished the law makes it mandatory 
upon the 1)oard ''to procure a safe book 
case in which said books shall 1)e kept." 
The special act of iQOi, which established 
libraries for general reading in all the 
schools, demands that "Hie school board 
shall provide suitable cases for the books 
in each school." Under the reading of 
these two statutes, it is plainly evident 
that no legal grounds exist to justi- 
fy a school board in not supplying eacli 
school with a good serviceable book case, 
(m) Contracts — The law expressly pro- 
vides that the l)oard must not enter into 
24 



a contract of any kind, except '^for the 
employment of teachers'' imless it be 
done ''at a regular meeting or a regularly 
called special meeting/' (n) Allowance 
of Bills — The law expressly forbids the 
clerk to draw a warrant upon the funds 
of the district unless so authorized by the 
board. It also forbids the clerk to draw 
a warrant ''except upon the presentation 
of a bill for the service -i^ ^ * duly 
certified." This applies also to teachers' 
salaries. (Opinion of Attorney General 
February ii, 1904.) It further forbids 
the board to allow any bill unless the 
services were rendered or the indebted- 
ness otherwise incurred prior to the time 
of allowing said bill, (o) Prosecutions — 
All prosecutions against persons for de- 
facing school property or for violating 
the compulsory educational law, shall l)e 
instituted in the name of the district by 
the chairman ; likewise in litigations 
against the district by creditors, the 
papers must be served on the chairman — 
he being the legal head of the board. 

N. B. — A few duties of minor impor- 
tance have l)een omitted, it being the 
author's aim to classify and cxj^lain the 
more technical ones. 

Parliamentary. — (i) The board holds 
three regular meetings each year. (2) 
25 



called at any 



the clerk who shall give written 



Special meetings may be 
time by 

notice to tlie two other members. (3) 
Two members constitute a quorum for 
the transaction of business. (4) If the 
chairman is absent one of the other mem- 
bers acts. (5) If the clerk is absent, the 
chair appoints. (6) A motion does not 
need to be seconded, after being made, 
before being put by the chair. 
(7) Order of Business : 

(a) Roll Call. 

(b) Reading and approval or cor- 
rection of minutes of previous 
meeting. 

(c) Unfinished Business — reports 
of committees, of officers, etc. 

(d) New Business — allowance of 
bills ; consideration of commu- 
nications and petitions ; ap- 
pointment of committees, etc. 

(e) Adjournment. 



26 



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28 



CHAPTER III. 
School Bonds. 
Issuance of Bonds. — The law touching 
upon the issuance of bonds is so con- 
fusing that it is deemed advisable to re- 
duce the whole process to a graduated 
outline. Boards will have little bother 
by adhering closely to the following 
guide: (i) x\mount : First see that prop- 
er title has been secured to the school 
site ; then go to the county superinten- 
dent and specify to him the size of the 
building desired to be built, and talk 
over with him the equipment. Then 
have some reliable lumberman or con- 
tractor make a definite estimate of the 
cost of the l)uil(ling complete. Add to 
this tlie cost of the site, if it is to be in- 
cluded in tlic bond issue; of school desks, 
recitation l^enches, blackboard, stove, 
window shades, and teacher's desk ; also 
the cost of a bell if one is to be supplied. 
You will then have a practical idea of the 
amount of 1)onds necessary to be issue^k 
(2) Limitation: Tlic amount of l)onds 
which a district can issue is limited to 
$L,ooo, ''except in towns and villages of 
more than 300 inhabitants." In these it 
is limited to 4'! of tlie assessed valua- 
29 



tion. By a Special Act, approved Feb. 
28, 1905, where two cr more schools are 
consolidated, the limitation is fixed at 
$3,000. (3) Petition: Secure a blank 
petition for bond election from the county 
superintendent. Fill out the heading 
carefully, inserting the amount of the 
bonds proposed to be issued. Then cir- 
culate it over the district and secure the 
signatures of at least ''one-third of the 
voters resident in said school district,'' 
including all of the women over 21 years 
of age. File this petition with the clerk 
of the board. (4) Special Meeting: The 
clerk must then call a special meeting of 
the board to determine the legality of the 
petition. (5) Notice of Election: If the 
board approves the petition they pass 
a resolution authorizing the clerk to 
issue a call for a special bond election. 
The clerk then posts notices of election 
in ''at least three public and conspicu- 
ous places in said district "^ * '^ not 
less than twenty days before the meet- 
ing." The clerk should make four cop- 
ies of these notices, reserving one to be 
filed with the county auditor. These 
notices, to be legal, must specify three 
separate and distinct things: (a) Time 
and place of election, (b) Amount of pro- 
posed bonds, (c) "The time in which 
30 



they shall be made payable." In this 
connection it must be remembered that 
not over 15 per cent, of the bonds issued 
can legally fall due in any one year. (6) 
Election : The election is conducted on 
the day set in a manner similar to all 
school elections, — the clerk of the board 
acting as clerk of election and the chair- 
man of the board as judge. (7) Records 
Filed : The law expressly provides that 
the records of election shall be filed with 
the county auditor. These certified rec- 
ords must consist of the following: (a) 
The petition, (b) Copy of the resolution 
of the board ordering the election, (c) 
Copy of the notices of election, (d) All 
the ballots cast, (e) The poll book. (8) 
Sale : If the election is carried the dis- 
trict school treasurer shall then negotiate 
with either some local citizen, the board, 
some neighboring bank, some regular 
l)ond company, or with the county audi- 
tor for the sale of the bonds. (9) Denom- 
ination : They must be issued in one of 
the follov/ing denominations: $50., $100., 
$150., or $200. (10) Interest: They shall 
not draw interest to exceed 7 per cent, 
per annum. The interest must be paid 
annually or semi-annually as specified on 
the face of the bonds. (11) Quality of 
Paper: All school bonds ''shall be litho- 
31 



graphed or printed on good bond paper." 
(12) Form: They must specify on their 
faces, (a) Date, (b) Amount, (c) To 
whom issued, (d) Purpose, (e) Rate of 
interest. (13) Certification: They must 
be certified to by the county auditor (Sec- 
tion 2387). (14) Signatures: In addi- 
tion to the county auditor's certification 
they shall be signed by the chairman and 
clerk of the school board. (15) Number- 
ed : They shall be numbered in numeri- 
cal order and shall become due in the 
order in v/hich so numbered. (16) Regis- 
try: The school clerk must then register 
them in a book expressly provided for 
that purpose. (17) Tax Levy: Bond Tax 
— The board is authorized to levy a suf- - 
ficient tax to pay the interest on out- 
standing bonds, and to pay them off as 
they become due. In case they neglect or 
refuse to do this, the law empowers the 
county auditor to levy the tax. Con- 
sult Section 2388 Revised Code. (18) 
Payment : Whenever a bond has been 
paid by the treasurer, the board shall 
cause to be written in red ink across the 
face of said bond and its accompanying 
coupon, the words ''Cancelled and paid." 
(19) Record of Payment: The clerk shall 
enter in his bond book, (a) The number 
of such bond, (b) The date of such pay- 
32 



ment, (c) The amount paid. (20) Filing 
of Cancelled Bonds : All bonds, as fast 
as they are paid, must be filed with the 
district treasurer. (21) Destruction: All 
cancelled bonds, after being filed with 
the district treasurer, must be carefully 
preserved by him until the last one out- 
standing has been paid. They must then 
ALL be destroyed in the presence of the 
entire board. The clerk should (although 
not compelled to by law) make a record 
of the date of this destruction in his bond 
book. There are legal reasons to justify 
this suggestion. 



CHAPTER IV. 
Sub-dividing Districts. 
Complete Process. — (i) Time: Peti- 
tion must be attended to before the 15 
day of February so as to file it with the 
clerk at least 20 days prior to the election 
which occurs on the second Tuesday in 
March. (2) Plat : A safe scheme is to 
go to the county superintendent with a 
rough map indicating the i)ropose(l divi- 
sions, and let him ])rci)arc FOUR copies 
of a neat plat definitely setting forth the 
boundary lines of the new sub-divisicms. 
(3) Petition: Secure a blank i)etition 
praying for sub-(H vision, from the county 
superintendent. Attach firmly to it a 
33 



copy of the new plat. Circulate it freely 
over the district. If signed by at least 
one-third of the qualified electors of the 
district (women included) file it with the 
district school clerk at least 20 days prior 
to the second Tuesday in March. (4) 
Special Meeting: Although not compell- 
ed to by law, it is best for the clerk to 
call a special meeting of the board at 
once, by serving a written notice upon 
each of the two other members, to pass 
upon the legality of the petition. If they 
approve it the board should pass a reso- 
lution ordering the clerk to call a special 
election. If this step were omitted it 
might not invalidate the process, yet it 
is the wisest way to handle it. The num- 
ber of signers to the petition might be 
comparatively limited. In this case, if the 
clerk acted on his notion, the whole thing 
might be thrown out in court, after the 
election, on the insufficiency of the pe- 
tition. The law contemplates this meet- 
ing — Sec. 2324, par. i. (5) Notices of 
Election : Notices of a Special Election 
must be posted in three public and con- 
spicuous places in the district by the 
clerk at least ten days prior to the time 
set for the election. These notices of 
election must set forth three things, (a) 
Time and date of election, (b) Place, (c) 
34 



Copy of new plat. On the day of election 
the clerk must post a copy of the new 
plat at the polling place. (6) Place 
of Election : The law compels the board, 
either at a regular or special meeting, to 
designate the place at which the election 
shall be held. (This justifies the argu- 
ment for a special meeting, suggested 
under paragraph ''4.") (7) Election: The 
election is held at the time and place set, 
in a manner similar to all school elec- 
tions. (8) Majority Vote : If a majority 
of the votes cast are in favor of the pe- 
tition, the election is carried, even 
though those cast ''for'' and ''against'' 
the petition do not equal the number of 
signatures attached to it. Frequently, 
after voters have signed the petition they 
lose interest in it and do not attend the 
election. To illustrate : If only One vote 
were cast in favor of the petition and 
none against it, it would be carried. (9) 
Election Returns : The clerk must file 
the original petition and the poll book 
with the county auditor. The election 
will be illegal unless this be done. (10) 
Action of Commissioners and Superinten- 
dents : The county commissioners at 
their regular meeting in April following 
the election, in joint session with the 
county sni)(M-int(Mident, shall canvass the 
35 



petition and the poll book. If satisfied 
that all has been done legally they pro- 
ceed to sub-divide the district into new 
districts as set forth in the plat attached 
to the petition. At this meeting they 
name the new districts; and in counties 
where the numbering process is in vogue, 
they give each its respective number. 
In order to facilitate matters the 
commissioners should, at this meeting, 
appoint a committee consisting of the 
county superintendent and at least two 
members of their own body, to visit all 
the schools in the district before their 
regular July meeting, and appraise the 
value of each schoolhouse and site, also 
the furniture, apparatus and fixtures, 
(ii) Appointment of Officers: Section 
2330 provides: ''Whenever a school dis- 
trict shall be formed, the county super- 
intendent of schools shall appoint tem- 
porary officers for such school district, 
who shall serve until the first annual 
school election following and until their 
successors are elected and qualified." 
(12) Duties of New Officers : (a) Clerk — 
The new clerk must take the census as 
required by law. He must also post the 
notices for the regular June election, and 
act as clerk of the same. He may also 
find it expedient to call one or more 
36 



special meetings of the new board, (b) 
Chairman — The chairman will have noth- 
ing to do until the June election, unless a 
special meeting of the board should be 
called, (c) Treasurer — The treasurer will 
have nothing to do, unless a special 
meeting be called, for no funds fall ir^to 
his hands until after the county com- 
missioners and the county superintendent 
have apportioned the funds of the old 
district among the new ones at their 
joint meeting in July. (13) Duties of 
Old Officers : (a) Special Meeting — The 
clerk should call a special meeting of the 
old board on or before the first Monday 
in July. At this time the accounts of 
the district should be gone over care- 
fully; and if bills have been filed, and 
there is sufficient cash on hand, warrants 
should be issued for all outstanding in- 
debtedness, other than school bonds. 
Here Common sense must step in and 
supply the deficiency in the law. This is 
the most opportune time for the old 
clerk and treasurer to make out and sul)- 
mit to the board for adoption and to the 
county superintendent for his api)roval, 
their annual reports, thus giving the sujv 
erintendent a chance to check up their 
accounts and approve the same before 
the money is turned over to the county 
37 



treasurer for distribution among the new 
districts ; besides making it possible for 
the old clerk and treasurer under Section 
2340, Par. 4, to secure their annual sala- 
ries before the funds are divided, thus 
saving an endless chain of bother. This 
meeting, if possible, should be held in the 
office of the county superintendent where 
access to the county records can readily 
be had, as many things will come up 
for final adjustment, (b) Clerk — The law 
provides that the clerk ''shall, on or be- 
fore the first Monday in July following 
the division ^^ ^ ^ forward to the 
county auditor a certified statement of 
the finances of the district, including the 
bonded and other indebtedness'' (c) 
Treasurer — ''On or before the first Mon- 
day in July," the treasurer must "turn 
over to the county treasurer all money 
belonging to said district." (14) Appor- 
tionment of Cash and School Property : 
At their regular July meeting, which, ac- 
cording to law, comes on the next day 
after the funds have been turned over to 
the county treasurer, the county commi- 
sioners and county superintendent, act- 
ing in conjunction, must apportion the 
cash and property of the old school dis- 
trict, equitably among the new ones. The 
following illustration will prove a help- 
38 



ful guide: If the old district had in it 
four schools, number i, 2, 3, and 4, re- 
spectively; and the appraisement com- 
mittee, heretofore suggested, should fix 
the total valuation of No. i at $325., of 
No. 2 at $380., of No. 3 at $344., and of 
No. 4 at $361., and there were still $210. 
in cash to be apportioned, it would have 
to be divided so that each new district 
would receive its equitable share of both 
the cash and the property. To do this, 
add together the values of the four 
schools and the cash. In this case it 
would total $1620. Dividing it equally 
among the four districts, each should re- 
ceive cash and property valued at $405. 
By subtracting from this sum the ap- 
praisement of each school, it will be found 
how much cash each district is entitled 
to receive. For instance No. i would re- 
ceive $405. less $325. or $80. in cash ; No. 
2 would receive $25.; No. 3, $61.; No. 4, 
$44. (15) Apportionment of Indebted- 
ness: The indebtedness of the old district 
divides itself naturally into two classes ; 
namely, Local Debts, or those arising 
from current expenses, and Bonded 
Debts, or those arising from outstanding 
bonds. The old l)oard should make an 
effort to have bills filed for all local debts, 
and at their last special meeting, if there 
39 



is sufficient cash on hand, they should is- 
sue warrants for all of them, leaving 
nothing but the bonded indebtedness 
which, under Sec. 2323, Par. 2, will be 
disposed of by the county commissioners. 
If there are more local debts than there 
is cash to meet, they too will have to be 
apportioned among the new districts by 
the commissioners and the county super- 
intendent, — the latter not sitting with the 
commissioners while the bonded indebt- 
edness is being disposed of. It is 
never wise for a district to sub-divide 
until its old school bonds are paid off. 
(16) Records: The law is silent as to 
what shall be done with the old records. 
However, they should be filed with the 
county superintendent for further refer- 
ence by him in assisting the officers of 
the new districts to get started in their 
perplexing work. (17) Turning Over 
The Cash : As soon as the new treasur- 
ers, elected at the June election, have 
filed their oaths and bonds as required 
by law, the county superintendent 
'should notify the county auditor to issue 
w^arrants on the county treasurer in favor 
of each of the new district school treas- 
urers for the funds on hand due their 
respective districts. The new school dis- 
tricts are now firmly launched ; each is a 
4o 



body corporate, and they are ready for 
the transaction of business. 



CHAPTER V. 
Township High Schools. 

The Special Act, approved March 9, 
1903, providing for the establishment of 
township high schools, is so simply word- 
ed, so easily understood, so complete 
within itself, so free from any opinions or 
amendments, and so little heeded at the 
present time, — that it is deemed inadvisa- 
ble to now classify and explain its many 
features. 



CHAPTER VI. 
School Teachers. 
Qualifications. — As the law provides 
for six different grades of teachers' cer- 
tificates, six classes of teachers necessar- 
ily arise. Not all the quahfications of 
each class are established by law, but 
part of them are fixed by the superinten- 
dent of. pubHc instruction. (Section 
2293). The quahfications for each class 
are licrein treated separately. 
(t) Life Diplomas: 

(a) Character — Must furnish sat- 
isfactory evidence of good 
moral character. 
41 



(b) Age — At least 22, unless a 
college or normal graduate. 

(c) Fee — Ten dollars. If applicant 
fails, one-half is returned. 
Resident graduates are exempt 
from any fee. 

(d) Education — Must be graduate 
of a college giving a four 
years' course of instruction 
above a four years' high 
school course, or be a graduate 
of some normal school giving 
a two years' course above a 
four years' high school 
course, or else pass an examin- 
ation. 

(e) Provisional Certificate — After 
graduation, applicant must 
teach for 18 months on a pro- 
visional, certificate, issued by 
the Superintendent of Public 
Instruction ; after v^hich, if he 
is successful, his life diploma 
will be granted. 

(f) Examination — ''Applicants 
shall, by examination or other- 
wise, show satisfactory profi- 
ciency in the following branch- 
es : Reading, orthography, 
penmanship, grammar, compo- 
sition, geography, United 

42 



States history including South 
Dakota history, civics, phys- 
iology and hygiene"; must 
''pass a satisfactory examina- 
tion in physical geography, 
physics, algebra, geometry, 
general history of the pre- 
college grade, and in Eng- 
lish language and rhetoric, 
English and American litera- 
ture, either economics or so- 
ciology", must pass also in 
"any two of botany, zoology, 
physiology, physics, chemis- 
try, geology and minerology, 
astronomy, algebra and tri- 
gonometry, all of the college 
grade ; and pedagogy, includ- 
ing principles, method, man- 
agement, psychology and his- 
tory of education/' 

(g) Papers — Marked by superin- 
tendent of public instruction. 

(h) Experience — Forty months, 
unless a graduate of some 
higher nstitution. 

(i) Validity — During good be- 
havior. 

(j) Reciprocity — The state de- 
partment, l)y an amenchnent to 
Sec. 2288, approved Mar. 1 1 . 
43 



1905, is authorized to recog- 
nize the diplomas of other 
states, granted in accordance 
with the requirements for such 
-diplomas in this state. 
(2) State Certificates : 

(a) Character — Must furnish sat- 
isfactory evidence of good 
moral character. 

(b) Age — At least 20, unless a col- 
lege or normal graduate. 

(c) Fee — Five dollars. If appli- 
clicant fails one-half is return- 
ed. Resident graduates are 
exempt from any fee. 

(d) Education — Must be graduate 
of a normal school giving ''at 
least one year's work above 
an approved four years' high 
school course", or of some 
"other school having a course 
of study equivalent to the 
state normal school course 

* * * together with a 
course of at least eighteen 
months of pedagogy and pro- 
fessional training." 

(e) Provisional Certificate — After 
graduation, applicant mu(st 
teach for 18 months on a pro- 
visional certificate, issued by 

^^ LofC, 



the superintendent of public 
instruction; after which, if 
he is successful, his state cer- 
tificate will be granted. 

(f) Examination — Applicant shall 
''by examination or otherwise, 
show satisfactory proficiency 
in orthography, reading, pen- 
manship, arithmetic, geogra- 
phy, English grammar, phys- 
siology and hygiene. United 
States history including South 
Dakota History, and shall 
pass a satisfactory examination 
in civil govermnent, American 
literature, drawing, algebra, 
plane geometry, physical geo- 
graphy, physics or botany, 
general history, pedagogy ; and 
English language, composi- 
tion and rhetoric." 

(g) Papers — Marked under the 
direction of the superinten- 
dent of public instruction. 

(h) Experience — Twenty-four 
months unless a graduate of 
some higher institution. 

(i) Validity — Five years. Renew- 
able, if successful. 

(j) Reciprocity — The state depart- 
ment, by an amendment to 

45 



1 



Sec. 2288, approved Mar. 11, 

1905, is authorized to recog- 
nize such certificates from 
other states, granted in ac- 
cordance with the require- 
ments for these certificates in 
this state. 

(3) First Grade Certificates : 

(a) Character — Must be good. 

(b) Age— At least 18. 

(c) Fee — One dollar. 

(d) Examination — Applicant must 
pass an examination in the 
following subjects: Orthogra- 
phy, reading, writing, arith- 
metic, geography, physical 
geography, English grammar, 
physiology and hygiene, his- 
tory of the United States, civil 
government, current events, 
American literature, (book- 
keeping now omitted) drawing 
and didactics. (After July i, 

1906, in the history of South 
Dakota, and in the eflfects of 
alcohol and narcotics on the 
human system). 

(e) Papers — Marked under the di- 
rection of the superintendent 
of public instruction. 

(f) Standings — Must average 85 

46 



and not fall below 75 in the 
following branches : Ameri- 
can literature, drawing, phys- 
ical geography, and current 
events. Must average 90 and 
not fall below 75 in the re- 
maining branches, commonly 
known as ''second grade stud- 
ies." 
(g) Experience — At least six 
months successful experience, 
(h) Validity — Three years any- 
where in the state. Renewa- 
ble, if successful. 
(4) Second Grade Certificates: 

(a) Character — Must be good. 

(b) Age— At least 18. 

(c) Fee — One dollar. 

(d) Examination — Applicant must 
pass an examination in the 
following branches : Orthog- 
raphy, reading, writing, arith- 
metic, physiology and hygiene, 
geography, English grammar, 
history of the United States, 
civil government and didactics 
(After July i, 1906, in the 
history of South Dakota, and 
in the effects of alcohol and 
narcotics on the human sys- 
tem). 

47 



(e) Papers — Marked under di- 
rection of superintendent of 
public instruction. 

(f) Standings — Must average 80 
and not fall below 65 in any 
study. 

(g) Experience — At least six 
months successful experience. 

(h) Validity — Two years in. coun- 
ty wherein examined. Good 
in other counties if endorsed 
by the superintendent of such 
counties. Not renewable. 
(5) Third Grade Certificates: 

(a) Character — Must be good. 

(b) Age — At least 17. 

(c) Fee — One dollar. 

(d) Examination — same as for 
second grade. 

(e) Papers — Marked by county 
superintendent. 

(f) Standings — Must average 75 
and not fall below 60 in any 
study. 

(g) Experience — None. 

(h) Validity — Not more than one 
year. Less at the option of 
the county superintendent. 
Valid only in school designa- 
ted by him on face of certifi- 
cate. Applicant limited to two 



third grade certificates in any 
one county. 
(6) Certificates on Private Examina- 
tions : 

(a) Justification — Inability of ap- 
plicant to be present at regu- 
lar examination. 

(b) Grades of same — Frst, second 
or third. 

(c) Papers — Marked by county 
superintendent. 

(d) Validity — In any school de- 
signated by the county super- 
intendent, until the next regu- 
lar examination. 

(7) Constant Qualifications : While 
teaching, a teacher must at all times be 
possessed of a valid certificate. (Amend- 
ed laws of 1905). 

Duties. — Upon beginning a term of 
school, teachers must send a notice of 
such beginning, and the probable time 
when the term will end, to the county 
superintendent. They may read aloud to 
pupils, books on moral instruction. They 
must classify the work of their schools 
according to the state course of study 
which, under the law, is indirectly made 
a part of it (Sec. 2353, Par. 5), and at tlic 
end of the first week of school, send a 
classification report to the county super- 
49 



intendent. They must keep a register 
giving in detail the work of the school. 
They must admit pupils from outside 
districts upon order of the board; hold 
monthly examinations, and "make month- 
ly reports to parents and to the county 
superintendent, when blanks for the same 
are furnished" ; during school must act as 
librarian for the district ; must teach five 
and one-half hours each day, exclusive of 
intermissions ; shall not hold school on 
May 30, July 4, Thanksgiving Day, or 
December 25 ; must dismiss school during 
the session of the county normal insti- 
tute; at the close of each term make a 
terminal report in duplicate, filing one 
copy with the district clerk and the other 
with the county superintendent ; must at- 
tend the normal institute and at least one 
district institute (should attend ALL 
teachers' meetings) each year; and should 
co-operate with the county superinten- 
dent in all his undertakings for the up- 
building of the schools. 

Salaries. — Teachers' salaries are fixed 
by the board. They are usually too low, 
making the profession an act of charity. 
Under an opinion of the attorney gener- 
al, dated September 16, 1904, the board 
must withhold ten per cent of a teacher's 
salary for EACH month taught, until the 
50 



1 



I 



close of the term, as a guaranty of faith 
that they will complete their contracts, 
and make all reports as required by law. 
Under another opinion of the attorney 
general, dated February ii, 1904, teach- 
ers must file with the school clerk a bill 
for each month's salary, after which they 
will be entitled to receive ninety per cent, 
of such salary. 




51 



AUG 19 1905. 



